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EULA Terms Of Service Template for Australia

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Key Requirements PROMPT example:

EULA Terms Of Service

"I need a EULA Terms of Service for my new mobile gaming app launching in March 2025, which will be available to Australian users aged 13 and above, with in-app purchases and user-generated content features."

Document background
This EULA Terms of Service is essential for any business providing software or digital services in the Australian market. The document is designed to comply with Australian legal requirements while protecting the interests of both service providers and users. It should be used when launching new software products, digital platforms, or online services in Australia, or when updating existing terms to ensure compliance with current legislation. The agreement covers crucial aspects such as license grants, usage rights, data protection, consumer guarantees, and liability limitations. It incorporates mandatory provisions from the Australian Consumer Law, Privacy Act 1988, and other relevant legislation, making it suitable for both B2C and B2B contexts. Regular reviews and updates are recommended to maintain compliance with evolving Australian digital commerce and consumer protection laws.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the user/licensee

2. Background: Context of the agreement and purpose of the software/service

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and nature of the license being granted to use the software/service

5. Acceptance of Terms: How users indicate acceptance and when the agreement becomes binding

6. Use Restrictions: Limitations and prohibited uses of the software/service

7. Intellectual Property Rights: Rights retained by the licensor and IP protection measures

8. Privacy and Data Collection: How user data is collected, used, and protected in compliance with Privacy Act 1988

9. User Obligations: User responsibilities and required behaviors

10. Disclaimers and Warranties: Limited warranties and Australian Consumer Law mandatory guarantees

11. Limitation of Liability: Limits on liability subject to Australian Consumer Law requirements

12. Term and Termination: Duration of agreement and circumstances for termination

13. Governing Law: Application of Australian law and jurisdiction

Optional Sections

1. Subscription Terms: Include for subscription-based services, detailing pricing, billing, and renewal terms

2. Third-Party Integrations: Include when the software interfaces with third-party services or applications

3. User Content: Include when users can create, upload, or share content through the service

4. API Terms: Include when providing API access to developers

5. Service Level Agreement: Include for cloud-based services with specific performance guarantees

6. Geographic Restrictions: Include when service availability varies by region

7. Age Restrictions: Include when service has specific age requirements or child user considerations

8. Export Controls: Include when software is subject to export regulations

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed pricing tiers and payment terms

2. Schedule 2 - Service Specifications: Technical specifications and system requirements

3. Schedule 3 - Privacy Policy: Detailed privacy practices and data handling procedures

4. Schedule 4 - Acceptable Use Policy: Detailed rules and guidelines for acceptable use

5. Appendix A - Data Processing Terms: Specific terms regarding data processing and security measures

6. Appendix B - Support Services: Details of technical support and maintenance services

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Software Development

Information Technology

Digital Services

E-commerce

Mobile Applications

Cloud Computing

SaaS (Software as a Service)

Gaming and Entertainment

Financial Technology

Educational Technology

Healthcare Technology

Enterprise Software

Digital Content Distribution

Internet Services

Telecommunications

Relevant Teams

Legal

Compliance

Software Development

Product Management

Information Technology

Customer Success

Risk Management

Operations

Technical Support

Sales

Business Development

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Software Development Manager

Product Manager

IT Director

Chief Technology Officer

Chief Legal Officer

Customer Success Manager

Risk Manager

Commercial Director

Digital Services Manager

Operations Manager

Business Development Manager

Technical Support Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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